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Recrimination

Recrimination and like conduct defenses in Georgia divorce cases.

August 26, 2026

Like Conduct Is No Defense to a Georgia No-Fault Divorce

A Georgia judge cannot refuse a divorce on the irretrievably broken ground just because both spouses were guilty of like conduct.

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August 26, 2026

Recriminating Without Asking for a Divorce in Georgia

A Georgia spouse can raise the other spouse's misconduct purely as a defense, without ever asking the court for a divorce of their own.

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August 26, 2026

The Like Conduct Defense in a Georgia Divorce

Georgia law says no divorce shall be granted where both spouses are guilty of like conduct, which can leave a married couple that both want out still married.

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August 26, 2026

What Is Recrimination in a Georgia Divorce?

Recrimination is answering a Georgia divorce petition with your spouse's own misconduct, either to win a divorce yourself or to stop theirs.

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August 26, 2026

What Qualifies as "Like Conduct" in a Georgia Divorce?

Georgia's courts have never fully defined like conduct, but they have made clear it means the same ground for divorce rather than misconduct of comparable seriousness.

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August 26, 2026

When Both Spouses Claim Mental Cruelty in Georgia

Two very different sets of complaints can still be like conduct in Georgia if both amount to mental cruelty, which means neither spouse gets a divorce.

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August 26, 2026

When Must a Georgia Judge Charge the Jury on Like Conduct?

If there is evidence that both Georgia spouses are guilty of like conduct, the judge must charge the jury on the bar even if neither side asks for it.

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